Middlefield City Zoning Code
TITLE THREE
Subdivision Regulations
CHAPTER 1117 Subdivision Design Standards (Repealed)
CHAPTER 1119 Minimum Required Improvements (Repealed)
1111.01 CITATION.
Title Three of this Part-Eleven Planning and Zoning Code shall be known and may be cited as the Subdivision Regulations for the Municipality and shall apply to all subdivisions of land, as defined herein. located within the corporate limits of the Municipality.
(Ord. 10-130. Passed 10-7-10.)
(Ord. 10-130. Passed 10-7-10.)
1111.02 INTERPRETATION.
(a) In their interpretation and application, the provisions of the Subdivision Regulations shall be held to be the minimum requirements as adopted for the protection of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for permanently wholesome community environment, adequate Municipal services and safer streets and highways. Should the Subdivision Regulations impose a greater restriction than is provided by existing laws, covenants or rules, the provisions of these Subdivision Regulations shall prevail.
(b) The provisions expressed herein shall he held to be the minimum requirements and shall be liberally construed in favor of the Municipality and shall not be deemed a limitation or repeal of any other powers granted by State statutes or exercised by home rule units.
(c) When the provisions of these Regulations are inconsistent or in conflict with one another or with the provisions of other ordinances or regulations of the Municipality, the more restrictive provisions shall govern.
(d) Regardless of any reference in these Regulations to other applicable regulations or laws of the federal, state, county governments or other agencies with jurisdiction, and regardless of any such laws or regulations which are not referenced in these Regulations, it shall be the responsibility of the owner of land and applicant to determine and comply with all such laws and regulations applicable to land development within the Municipality.
(Ord. 10-130. Passed 10-7-10.)
1111.03 PURPOSE.
The purpose of the Subdivision Regulations is to secure an orderly, efficient and economic development of the Municipality. To this end:
(a) Subdivided land shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
(b) Proper provisions shall be made for adequate drainage, water, sewerage and other needed improvements.
(c) All proposed lots shall be so laid out and of such size as to avoid congestion of population and shall be in harmony with the development pattern of the neighboring properties.
(d) Land shall not be subdivided where the results of such subdivision would place a disproportionate burden on public funds in supplying public services.
(e) The proposed streets should, if feasible, be related to the proposals shown on the Middlefield Comprehensive Plan and shall compose a convenient system and be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access to fire-fighting equipment to buildings.
(f) The accurate surveying of land, preparation and recording of plats shall be required.
(g) Land development shall be coordinated in accordance with the Zoning Code and other plans of the Municipality.
(Ord. 10-130. Passed 10-7-10.)
1111.04 EFFECTIVE DATE .
Subdivision Regulations shall be effective following their adoption by Council and any other regulations previously adopted by Council shall be repealed. The Regulations shall in no way affect any subdivision having received preliminary approval by the Planning Commission prior to the effective date; provided that no changes to the preliminary plan as approved are introduced by the subdivider.
(Ord. 10-130. Passed 10-7-10.)
1111.05 SCOPE.
(a) The Subdivision Regulations shall not apply to any lot or lots forming a subdivision or part thereof, created and/or recorded prior to the effective date of the Regulations. Nor is it intended by the Regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, regulations or restrictions placed upon property by deed, covenant or other private agreement or with restrictive covenants running with the land to which the Municipality is a party. Where these Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of the Subdivision Regulations shall control. The Regulations shall govern the development of all types of land uses and it is the intent of the Regulations to develop a sound and wholesome community by regulating the design and improvements of all new subdivisions and/or redevelopment projects.
(b) The Subdivision Regulations may be modified by the degree deemed necessary by the Planning Commission and as approved by Council to accomplish the objectives and standards required tor the planned unit development of residential, commercial or industrial subdivisions, or a permitted combination thereof, in accordance with the procedures set forth in Section 1153.09. Nothing within such section, however, shall exempt the developer from the requirements of subdivision plat approval as specified in these Subdivision Regulations.
(Ord. 10-130. Passed 10-7-10.)
1111.06 DEFINITIONS.
For the purpose of the Subdivision Regulations, the following terms and words shall have the meanings ascribed herein:
(1) Words used in the present tense shall include the future; the singular shall include the plural and the plural singular; the word "shall" is mandatory and not directive while the word "may" is permissive.
(2) “Applicant” means the owner of land proposed to be subdivided or his representative. The authority of the representative shall be established to the satisfaction of the Village Solicitor. Consent to subdivide shall be required from the legal owner of the premises. “Applicant” may be referred to as the “subdivider” or “developer”.
(3) “Block” means a piece or parcel of land entirely surrounded by public highways, public streets, streams or parks, etc., or a combination thereof.
(4) “Bond” means any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Village Council.
(5) “Building” means any structure, permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines and used as a shelter or enclosure for person, animals and/or property.
(6) “Construction plans” means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision.
(7) “Council” means the Municipal Council of the Village of Middlefield, Ohio.
(8) “County” means Geauga County, Ohio.
(9) “Cul-de-sac” means a minor street of which one end connects with another street and the other end terminates in a vehicular turnaround. A cul-de-sac may be permanent or temporary. A temporary cul-de-sac street has the ability to be extended and the cul-de-sac removed when future development occurs.
(10) "Final plat" means the final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, will be submitted to the Recorder of Geauga County, Ohio. The filing fee shall be paid by the developer.
(11) "Fiscal Officer" means the Municipal Fiscal Officer.
(12) “Frontage” means that portion of a lot abutting on a dedicated right-of-way.
(13) "Lot" means a parcel of land intended for transfer of ownership or building development, having its full frontage subject to the application of the Subdivision Regulations.
(14) "Municipality" means the Village of Middlefield, Ohio.
(15) "Mayor" means the Mayor of the Village of Middlefield, Ohio.
(16) "Official map" means the map established by the Planning Commission showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by Council and the Commission, or additions thereto resulting from the approval of subdivision plats by the Commissioner and the subsequent filing of such approved plats.
(17) “Off-site” means any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
(18) "Owner" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having a sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the land under the Subdivision Regulations.
(19) "Planning Commission" or "Commission" means the Planning Commission of the Municipality.
(20) "Preliminary plan or Plat" means the preliminary map, drawing or chart indicating the proposed layout of the subdivision.
(21) “Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, walkway, or other public improvement relating to public travel or access.
(22) "Solicitor" means the Solicitor or legal advisor of the Municipality.
(23) “Set Back”.
(a) Front Set Back - the minimum allowable distance between a building or structure and the right-of-way line, as regulated by the zoning code.
(b) Side Set Back - the minimum allowable distance between a building or structure and the side lot line as regulated by the zoning code.
(c) Rear Set Back - the minimum allowable distance between a building or structure and the rear lot line as regulated by the zoning code.
(24) “Streets and Alleys”.
(a) "Street" means a way for vehicular traffic, whether it is designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
(b) "Alley" means a minor street which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. Alleys shall not provide the main frontage of any parcel or lot.
(c) “Major street” means a principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas. Driveways should not be permitted access to these thoroughfares.
(d) “Collector street” means a street which carries traffic from minor streets to major street, including the principal entrance streets of a residential development and streets for circulation within such a development.
(e) “Dead-end street” means a minor street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(25) “Minor street” means as street used primarily for access to abutting properties.
(26) “Street width” means the shortest distance between the lines delineating the right of way of a street.
(27) “Subdivider” means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under the Subdivision Regulations to effect a subdivision of land for himself or for another. A “subdivider” is equivalent to an “applicant” or a “developer”.
(28) Subdivision” means the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(29) “Village” means the Village of Middlefield, Ohio. “Village Administrator” means the Village Administrator of the Municipality as appointed by the Village of Middlefield Council.
(30) “Engineer” means a firm or individual employed by the Municipality for engineering services.
(31) “Subdivision Regulations” means Title Three of this Part Eleven - Planning and Zoning Code and any amendments thereto.
(Ord. 10-130. Passed 10-7-10.)
1113.01 JURISDICTION.
(a) No person shall subdivide or lay out into lots any land within the Municipality unless it be by plat complying with the Subdivision Regulations contained herein, and no plat shall be recorded and no lot or land shall be sold from any such plat until the final plat has been approved and recorded at the County.
(b) No person shall circumvent the provisions of these Subdivision Regulations by lease or by the sale of parcels, by metes and bounds.
(c) The design and layout of all subdivisions shall conform to the requirements of the Village of Middlefield Design Regulations. The subdivider shall make improvements and shall submit preliminary and final plans, all in accordance with Chapter 1115 of the Subdivision Regulations.
(d) The division of a tract into five parcels or less fronting upon an existing street and where the transfer is to be accomplished by the recording of a deed rather than a plat, requires the approval of the Planning Commission before it can be recorded. Such approval may be accomplished in the manner provided in Section 1115.03.
(e) No zoning permit or occupancy permit shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this chapter, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations and other applicable codes.
(Ord. 10-130. Passed 10-7-10.)
(Ord. 10-130. Passed 10-7-10.)
1113.02 AUTHORITY.
(a) Council and the Planning Commission by virtue of the provisions of Ohio R. C. 711.10 and 711.101 are authorized, subject to the holding of required public hearings, to adopt rules and regulations covering plats for subdivisions of land and to approve, conditionally approve, or disapprove plats or subdivisions of land falling within their jurisdiction. Administration of the rules and regulations contained herein shall be the responsibility of the Planning Commission.
(b) The Planning Commission pursuant to Ohio R. C. Chapters 713 and 735, or such statutes hereinafter in effect, may prepare plans for unsubdivided or improperly subdivided areas to show a pattern of future streets and public open spaces. After the required public hearing has been held, such plans or portions thereof may be adopted by the Commission and recorded and thereafter no subdivision may be approved and no street may be improved or accepted, except that it conforms substantially to such recorded plan. No permit may be issued for construction of a building or structure on land shown within the right of way of any proposed future street until such right of way has been acquired or reserved. However, such permit may not be withheld for more than ninety days of such extended time as is mutually agreeable by the Municipality and the owner.
(Ord. 10-130. Passed 10-7-10.)
1113.03 VARIANCE AND EXCEPTIONS.
(a) Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions such that the strict application of the requirements of the Subdivision Regulations, including the Design Regulations, would result in real difficulties, substantial hardship or injustice, such requirements may be varied or modified so that the subdivider may subdivide and install improvements on his property in another approved manner, while at the same time, the public welfare and interest of the Municipality and the surrounding area are thoroughly protected and the general intent and spirit of the Regulations are enforced. The Planning Commission may make recommendations of variations which may be permitted, but the authority for approval of such variations shall rest with Council. Any Zoning Code variance shall remain the sole jurisdiction of the Planning Commission pursuant to this chapter. (Ord. 13-150. Passed 1-9-14.)
(b) The requirements of the Regulations may also be modified and varied whenever the scope of a plat encompasses a complete neighborhood or community, but it is desirable any such plat conform to the Comprehensive Plan of the Municipality. The Comprehensive Plan should be the guide for all future development or redevelopment in the Municipality. Any variance requested must insure that adequate public spaces, circulation, recreation, light and air will be provided and the needs of the entire community when fully developed and occupied will be fully met.
(Ord. 10-130. Passed 10-7-10.)
(Ord. 10-130. Passed 10-7-10.)
1113.04 AMENDMENTS.
Council may, after public hearing, amend, supplement or change the Subdivision Regulations. Notice shall be given of the time and place of such public hearing by publication in at least one newspaper of general circulation published in the local area, thirty days prior to holding of such hearing. The amendment or amendments shall be on file in the office of the Planning Commission for public inspection during such thirty days.
(Ord. 10-130. Passed 10-7-10.)
1113.05 SEPARABILITY.
If any section, subsection, sentence, clause, phrase or portion of these Subdivision Regulations is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(Ord. 10-130. Passed 10-7-10.)
1113.06 PUBLIC HEARING.
The Planning Commission, on its own initiative or upon petition by any resident or neighboring property owner, may, prior to acting on a preliminary plat of a subdivision, hold a hearing thereon at such time and upon such notice as required by law.
(Ord. 10-130. Passed 10-7-10.)
1113.07 ADOPTION AND AMENDMENT OF DESIGN REGULATIONS.
(a) The Village Engineer shall prepare Village of Middlefield Design Regulations to achieve the purposes set forth in this chapter, and shall present the proposed Design Regulations to the Planning Commission for its review and approval.
(b) The Design Regulations shall become effective upon their approval by a majority of Planning Commission.
(c) The Village Engineer may, from time to time, recommend amendments to the approved Design Regulations. Said amendments shall become effective, only after their approval by a majority of Planning Commission.
(Ord. 10-130. Passed 10-7-10.)
1115.01 SUBMISSION AND APPROVAL OF PRELIMINARY PLAN.
(a) Informal Consultation. While the subdivision is in sketch form and prior to the preparation of the preliminary plan, the applicant shall consult with the Planning Commission so that he may know of the applicable provisions of (1) the Subdivision Regulations; (2) the Middlefield Comprehensive Plan, (3) the Village of Middlefield Design Regulations, (4) the Village of Middlefield Municipal Standards for Plan Content, and (5) the existing Zoning Ordinance.
(b) Purpose of Preliminary Plan. The preliminary plan is intended to precede and supplement the final plat of the subdivision which is to be recorded. Its purpose is to show all facts needed to enable the Planning Commission and the administrative officials of the Municipality to determine whether the layout of the land in question and the physical improvements are satisfactory from the standpoint of the public interest.
(c) Consultation with Village Administrator and Submission of Plans to Utility Companies. While the plans of a proposed subdivision are still in preliminary form, the Applicant shall consult with the Village Administrator with respect to subdivision requirements, zoning provisions, standard specifications governing public improvements and performance agreement and bond requirements. In addition to the foregoing required consultation, the Applicant shall submit the preliminary plan to all utility companies serving the subdivision or consultation and recommendation as to requirements for adequately, conveniently and safely serving the subdivision. The utility companies shall note the fact of submission of the preliminary plan, the consultation and recommendations, if any, upon the preliminary plan or an accompanying document.
(d) Engineer and Surveyor. All required engineering and surveying work must be performed by or under the supervision of a registered engineer or surveyor, as the case may be, in accordance with the provisions of the Engineers and Surveyors Registration Act of the Ohio Revised Code.
(e) Filing. The Applicant shall prepare and file ten copies of the preliminary plan, according to the Village's Design Regulations, Municipal Standards for Plan Content and other requirements of the Subdivision Regulations and submit the filing fee provided for in Section 1121.07, not less than fifteen working days prior to the Commission's regularly scheduled meeting date, at which it is to be considered. The preliminary plan shall be considered officially filed after it is examined by the Village Engineer and is found to be in accordance with the Village of Middlefield Design Regulations and contain all of the data as required by the Municipal Standards for Plan Content for a subdivision preliminary plan.
(f) Approval. The Planning Commission shall forward copies of the preliminary plan to such officials and agencies as may be necessary for the purpose of study and recommendation. Alter receipt of reports from such officials and agencies, the Planning Commission shall determine whether the preliminary plan shall be approved, approved with modifications or disapproved. Notice of such action shall be supplied to the applicant together with the reasons for disapproval, if the plan is disapproved.
(1) The Planning Commission shall act on the preliminary plan within forty-five days after filing unless such time is extended by agreement with the applicant or his agent.
(2) When a preliminary plan has been approved by the Planning Commission, the Chairman of the Planning Commission shall affix his signature to copies of the plan indicating preliminary plan approval. The Chairman shall return one copy to the applicant for compliance with final approval requirements. Approval of the preliminary plan by the Planning Commission shall not constitute approval of the final plan of the subdivision by the Planning Commission.
(3) Preliminary plan approval shall confer upon the applicant the rights and guarantees during a one-year period from the date of approval, that the general terms and conditions under which the preliminary plan approval was granted will not be affected by any changes and/or amendments to the Subdivision Regulations.
(g) After receiving notice of the approval of the preliminary plan and prior to the filing of the final plat,
(1) The applicant shall present to the Planning Commission detailed engineering drawings of all utility and street improvements to be constructed in the proposed subdivision as required by Municipal Standards for Plan Content and the Village of Middlefield Design Regulations. The Planning Commission shall within five days after the filing of the detailed engineering drawings, transmit copies to the Engineer for study and final recommendations. The Planning Commission, after receiving a report from the aforementioned officials, shall notify the applicant of any recommended changes or suggestions so that the applicant may prepare the final improvement plans and final plat.
(2) The applicant shall present the Municipality with the as-built detailed engineering drawings when the subdivision has been completed. The detailed engineering drawings shall meet the Municipal Standards for Plan Content for Record (as-built) drawing requirements.
(Ord. 10-114. Passed 7-1-10.)
1115.02 APPROVAL OF FINAL PLAT.
(a) General. The final plat shall have incorporated all changes or modifications required by the Planning Commission, otherwise, it shall conform to the preliminary plan and it may constitute only that portion of the approved preliminary plan which the applicant proposes to record and develop at the time, provided that such portion conforms with all requirements of the Subdivision Regulations. It shall contain the information required by the Municipal Standards for Plan Content for a Subdivision Final Plat.
(b) Filing.
(1) The final plat shall be submitted to the Planning Commission not later than twelve months after the date of approval of the preliminary plan, otherwise, it will be considered void unless an extension is requested in writing by the applicant and granted by the Planning Commission, in writing, for good cause shown. The Applicant shall submit ten copies for approval.
(2) The final plat shall be considered officially submitted after it is examined by the Village Engineer and is found to contain all of the data as required by Municipal Standards for Plan Content for a Subdivision Final Plat. The final plat shall be submitted not less than fifteen working days prior to the Planning Commission's regularly scheduled meeting at which it is to be considered.
(c) Approval.
(1) The Planning Commission shall forward copies of the final plat to such officials and agencies as may be necessary for the purpose of final approval subject to their aforemade recommendations to the preliminary plan. After receipt of approval from such officials and agencies the Planning Commission shall take action on the final plat within thirty days, making their recommendations for approval or disapproval of the final plat to Council for final action.
(2) The applicant shall be notified of the approval of the final plat by the Planning Commission. The applicant shall then present the final plat to Council for approval.
(d) Bonding.
(1) No final or official plat of any subdivision shall be approved unless the applicant has filed with the Fiscal Officer of the Village a surety bond, cashier's check, certified check or Performance Fund Agreement providing for payment of one hundred percent of the cost of the installation improvements, as determined by the Village's Engineer. Said security shall guarantee to the Village of Middlefield that the improvements required by the final plat will be constructed and completed in a satisfactory manner and within a period specified by the Engineer, not to exceed two years. Upon (i) satisfactory completion of the improvement, (ii) obtaining written approval of same by the Engineer, (iii) presentation of waivers of mechanics’ liens by all contractors, subcontractors, suppliers of materials and surveyors, (iv) payment to the Village of all inspection fees or other fees incurred by the applicant, the Fiscal Officer may release the bond, funds, or Performance Fund to the applicant.
A. In the event the applicant posts a performance bond, the form of the bond shall be approved by the Solicitor. The bond shall be made payable to and enforceable by the Village of Middlefield and shall require the applicant and the applicant's heirs, successors and assigns to comply with all applicable terms, conditions, provisions and requirements of the subdivision regulations and as specified on the final plat.
B. If the applicant files with the Fiscal Officer a cashier's check or certified check for one hundred percent of the installation cost of the improvements, the applicant shall also provide written certification that the funds are submitted pursuant to this section, and that the Village of Middlefield is authorized to use these funds to complete the subdivision improvements as required herein. The applicant shall also certify, on behalf of the applicant and the applicant's heirs, successors, and assigns that the applicant will comply with all applicable terms, conditions, provisions and requirements of the subdivision regulations and as specified on the final plat.
C. The applicant may use a Performance Fund Agreement in substitution of the performance bond or cash payment specified above only if the terms of the Performance Fund Agreement are approved in writing by the Solicitor and accepted by a motion adopted by a majority of the Council. No such Performance Fund Agreement shall be approved unless it provides for all of the following:
1. The Performance Fund Agreement must obligate a reputable financial institution, with offices in Geauga County, Ohio, to the Village of Middlefield for all of the applicant's guarantee obligations specified herein;
2. The Performance Fund Agreement must obligate the financial institution to pay to the Village of Middlefield the entire disbursements which the Village has, in writing, previously authorized, and thereafter permit the Village to complete the construction of subdivision improvements using said funds;
3. No funds shall be disbursed from the Performance Fund without receipt by the financial institution of prior written approval from the Village; and
4. The savings passbook, or other evidence of funds on deposit with the financial institution, shall be maintained in the sole custody of the Village's Fiscal Officer, pending completion of the subdivision improvements and the release of those funds by the Village;
5. The Performance Fund Agreement shall be irrevocable by both the applicant and the financial institution and shall inure solely to the benefit of the Village of Middlefield.
If the applicant requests and the Village approves the use of a Performance Fund, the Village may, but is not obligated, to authorize a partial release of funds to pay for improvements as they are constructed. No such partial release shall be permitted unless the Village's Engineer has certified that the work for which the funds are being released has been performed and that the payment will not reduce the balance of the Performance Fund below the reestimated completion costs as of that date.
If the applicant requests and the Village of Middlefield approves the use of a Performance Fund, the Village may, but is not obligated to allow for the amount of the Performance Fund to be increased to cover the estimated cost of the maintenance and operation of the improvements for two years after acceptance, as provided more fully by subsection (f) hereof.
(2) When a portion of the improvements has been satisfactorily completed and approved, based on an inspection of the Village's Engineer, a reduction in the bonds, partial withdrawal of funds or reduction in the amount of the Performance Fund may be authorized. However, such reduction shall not reduce the balance of the bond below the re-estimated completion cost as of the date of reduction and, further all other requirements of this section must have been complied with.
(3) For a progressive installation development the developer may apply for final approval and recording of only a portion of the entire subdivision. Under such a progressive unit development procedure, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.
(4) In the event the applicant fails to complete the installation of all improvements according to the subdivision regulations and as specified on the final plat, the Municipality, upon notice to the applicant, may complete same and appropriate such portion of the bonds, money or Performance Fund posted for the performance of such work.
(e) Acceptance of Dedication.
(1) Upon completion of all improvements, including roads, grading, culverts, seeding, mulching, monumentation and all other items required by the Village, except sidewalks, the developer shall notify the Village Engineer by letter that all improvements have been completed. The Engineer will then schedule an inspection of the completed improvements. The developer or his engineer shall accompany the Engineer or his representative on the inspection. The procedure shall be repeated until such time that the Engineer determines that all required improvements, excepting only sidewalks, have been satisfactorily completed for acceptance in conformance with all applicable regulations, specifications, and drawings.
(2) Upon satisfactory completion of all required improvements, excepting only sidewalks, the Engineer will notify Council and will sign the recorded plat to certify, in accordance with Ohio R.C. 711.091, that he has inspected the construction and the condition of the streets and cul-de-sacs dedicated to public use and that the improvements and facilities have met all bonding requirements for completion.
(3) In the event the developer has completed installation of all required sidewalks, the Engineer shall inspect them and if all sidewalks have been constructed in accordance with applicable ordinances and regulations of the Village and with the specifications set forth on the plan, the Engineer shall notify Council.
(4) In the event that the developer has not completed installation of all required sidewalks, the Engineer shall determine the estimated cost to the Village of completing the installation of all required sidewalks in the subdivision. Prior to taking action to accept dedication of the improvements as authorized by this section, the Village shall require the developer to post a bond or performance fund, in the full amount of the estimated cost of said sidewalk improvements.
(5) Upon satisfaction of the foregoing requirements, and in conformance with Section 723.03 of the Revised Code, the Municipality may take legislative action to accept the improvements for public dedication.
(6) Notwithstanding any other provision of this section, the developer shall install all required sidewalks no later than three years following the initial filing of the subdivision plat unless the Planning Commission within its discretion, shall determine that there is good cause to extend said deadline.
(f) Provisions for Maintenance and Operation.
(l) Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, street trees or other facilities, necessary or desirable for the welfare of the area and which are of common use or benefit and which are of such character that the Municipality, county or other public agency does not desire to maintain them, then provisions shall be made by trust agreements, which are a part of the deed restrictions and which are acceptable to the Planning Commission for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.
(2) Upon completion of the improvements, excepting only sidewalks, and before Council will accept for dedication the subdivision roads or release the performance fund to guarantee the installation of sidewalks, the developer shall provide a maintenance bond or Maintenance Fund Agreement with cash or certified check to Council in the amount of fifteen percent (15%) of the total cost of the improvements, unless, for good cause, a greater or lesser amount is recommended by the Engineer and approved by the Planning Commission.
A. The developer may use a Maintenance Fund agreement in substitution of the performance bond or cash payment specified above only if the terms of the Maintenance Fund Agreement are approved in writing by the Solicitor and accepted by a motion adopted by a majority of the Council. No such Maintenance Fund Agreement shall be approved unless it provides for all of the following:
1. The Maintenance Fund Agreement must obligate a reputable financial institution, with offices in Geauga County, Ohio, to the Village of Middlefield for all of the applicant's guarantee obligations specified herein;
2. The Maintenance Fund Agreement must obligate the financial institution to pay to the Village of Middlefield the entire disbursements which the Village has, in writing, previously authorized, and thereafter permit the Village to maintain the construction of subdivision improvements using said funds;
3. No funds shall be disbursed from the Maintenance Fund without receipt by the financial institution of prior written approval from the Village; and
4. The savings passbook, or other evidence of funds on deposit with the financial institution, shall be maintained in the sole custody of the Village's Fiscal Officer, pending completion maintenance period and the release of those funds by the Village;
5. The Maintenance Fund Agreement shall be irrevocable by both the developer and the financial institution and shall inure solely to the benefit of the Village of Middlefield.
B. The developer may provide a Maintenance Fund that is a combination of a contractor's maintenance bond (providing for maintenance and repair of improvements due to defects in materials and workmanship) combined with a Maintenance Fund, provided that:
2. The amount of the guarantee equals or exceeds the amount required by this section.
3. Said arrangement is approved by Council.
Where Council has accepted a combination guarantee, Council, in its discretion, may but shall not be obligated to accept a personal guarantee from the individual developer or, if the developer is a corporation or partnership, from the owners or partners of said entity, in lieu of a Maintenance Fund. as long as the developer's obligation to repair and maintain the improvements is fully guaranteed as required by Section 1115.02(f)(3).
(3) The maintenance bond or Maintenance Fund will guarantee that the developer will maintain the road and related improvements, except for snow and ice removal, for two years and that the developer will restore the road and related improvements, if determined necessary by the Municipal Engineer at the end of the two years.
(4) If the developer fails to perform the maintenance and restoration items, Council will authorize the Engineer to have the work performed. The cost of this work will be deducted from the maintenance bond or the Maintenance Fund. The developer will be held liable for any expenditure over and above the maintenance bond or Maintenance Fund.
(5) After all maintenance and restoration work has been completed to the satisfaction of the Engineer, Council will return the maintenance bond or Maintenance Fund or that portion remaining to the developer.
(g) Recording of Final Plat. After the final plat has been approved by the Planning Commission and Council, the appropriate bonds have been provided and the necessary approvals endorsed in writing thereon, together with evidence of title, the developer shall cause the final plat as approved by the Planning Commission and Council to be recorded in the office of the Geauga County Recorder no later than thirty days after the date of approval unless an extension is agreed to by Council. The applicant shall furnish Council with a reproducible copy on permanent reproducible material of the recorded plan. Failure to record on time may cause the final plan to be declared null and void by Council.
(h) Approval and Recording of Condominium Plat. Once the final plat has been
approved by the Planning Commission and Council, and the Planning Commission has approved a site plan for an expandable condominium, where a developer of an expandable condominium requires the subsequent approval and filing of plats to facilitate land transfers within the expandable condominium ("Condominium Transfer Plats"), and where such Condominium Transfer Plats are consistent with the approved site plan and the final approved plat for the lot, the recording of such Condominium Transfer Plats may be approved by the Chairman of the Planning Commission, provided that the Village Engineer has first verified that the Condominium Transfer Plat is consistent, in all material respects, with the final approved site plan and the final approved plat. (Ord. 10-114. Passed 7-1-10.)
1115.03 LOT SPLITS.
(a) A tract which fronts upon an existing public street may be divided into five or fewer parcels by the recording of a deed rather than a plat if and only if the applicant complies with the provisions of this section.
(b) The party or parties desiring to make the transfer provided by this section shall submit a sketch thereof to the Planning Commission. After review, and if the proposed division conforms to all applicable standards, the Planning Commission may approve the lot split. The Planning Commission may condition such approval upon any conditions which it deems necessary.
(c) If the proposed lot split is approved by the Planning Commission, the applicant shall submit for each new parcel being created or left in residue, an accurate and current survey description that shall be prepared by a professional surveyor registered with the State of Ohio and in accordance with the following.
(1) Professional Land Surveyors of Ohio publication "Minimum Standards for Boundary Surveys in the State of Ohio"
(2) The Conveyance Standards for Geauga County
(3) The requirements of the "MUNICIPAL STANDARDS FOR PLAN CONTENT" along with a deed to the Village Engineer, setting forth the division of the tract into parcels. If the Village Engineer determines that the deed is in conformance with the transfer approved by the Planning Commission, he shall forward it to the Chairman of the Planning Commission. The Chairman of the Planning Commission shall stamp the deed "Approved, No Plat Required" and attach his signature, and the deed may then be recorded.
(d) ln the event the applicant has proposed a split of one lot for the purpose of consolidating or combining one of the newly-created lots with an adjacent existing lot, in addition to the foregoing, the applicant shall also prepare a deed consolidating the newly- created lot with the adjacent existing lot and submit that deed to the Village Engineer for approval. The Planning Commission may condition the approval of a lot split upon the requirement that the applicant record both the deed dividing the lot and the consolidation deed described in this subsection.
(e) No lot split shall be approved where any of the parcels remaining does not meet the requirements of the Village of Middlefield Design Regulations or Section 1155.01 of the Codified Ordinances, or any other applicable section of the Subdivision or Zoning Codes. (Ord. 10-114. Passed 7-1-10.)
(f) Road Frontage:
(1) In all Residential Zoning Districts, no lot split shall be approved where any of the parcels remaining does not have frontage on an existing public street.
(2) In non-Residential Zoning Districts only. The Planning Commission, in its discretion and with the approval of Council. may approve a lot split where one or more of the parcels remaining does not have frontage on a public street, but only where all of the following apply:
A. All parcels created by the lot split must have frontage either on a public street or on a privately-owned roadway capable of handling, as applicable, commercial or industrial traffic (the "Private Road");
B. The Private Road must be part of one (and only one) of the parcels existing following the lot split (the "Private Road Parcel");
C. The party seeking the lot split shall record a document (i) granting a perpetual roadway and utility use easement in the Private Road to all parcels created by the lot split: (ii) obligating the owner of the Private Road Parcel and that owner's successors and assigns to maintain the Private Road, and (iii) making clear that said obligations may be enforced by any of the owners of the parcels created by the lot split;
D. Prior to approving the lot split, the Planning Commission shall determine that requiring the Private Road to be dedicated as a public street would not be be economically feasible and would hinder the economic development of the parcels being created:
E. All other requirements of Section 1115.03 must be met; and
F. The Planning Commission may condition the granting of a lot split on a Private Road upon any other terms and conditions which the Planning Commission deems appropriate.
(Ord. 16-115. Passed 7-14-16.)
(g) No lot split shall be approved where, in the discretion of the Planning Commission, it appears that the purpose of the lot split is to reduce the size of the parcel in order to circumvent requirements applicable to large lot/multiple unit developments in the R- PUD and R-3 residential districts.
(h) Prior to approving the recording of any deed effecting a lot split, the Planning Commission shall verify that each lot involved in the lot split has iron pins placed at its corners. Such verification shall be made in the same manner as required by Section 1140.01(c)(2).
(i) Provided that the applicant otherwise complies with the requirements of this section, the applicant shall not be required to submit preliminary or final subdivision plans or documents other than those described in this section, and none of the improvements described in Chapter 1119 shall be required prior to transfer.
(j) Notwithstanding the foregoing, lot splits are prohibited in the C-PUD Planned Unit Commercial Development District unless such lot splits are approved by the Planning Commission and Council as part of a Development Plan or an amendment thereto, as provided by Section 1153.097.
(Ord. 10-114. Passed 7-1-10.)
1121.01 RECORDING OF PLAT.
No plat of any subdivision shall be entitled to be recorded in the office of the Recorder of Geauga County or have any validity until it shall have been approved in the manner prescribed in this chapter. In the event any such unapproved plat is recorded, it shall be considered invalid, and the Planning Commission shall institute proceedings to have the plat stricken from the records of Geauga County, State of Ohio.
(Ord. 10-130. Passed 10-7-10.)
1121.02 SALE OF LAND IN SUBDIVISION.
No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded. Any sale or transfer contrary to the provisions of this chapter is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of the Subdivision Regulations.
(Ord. 10-130. Passed 10-7-10.)
1121.03 PERMITS.
No permits shall be issued for any purpose on a lot in a subdivision for which a plat has not been approved and recorded. (Ord. 10-130. Passed 10-7-10.)
1121.04 PUBLIC IMPROVEMENTS.
The Municipality will withhold all public improvements of whatsoever nature, including the maintenance of the streets and furnishing of sewage facilities and water service from all subdivisions which have not been approved and from all areas dedicated to the public which have not been accepted by Council.
(Ord. 10-130. Passed 10-7-10.)
1121.05 CONSTRUCTION INSPECTION.
The Village of Middlefield shall require daily inspection on the project for the duration of time which the work is progressing. It shall be the Applicant's responsibility to schedule for this inspection service directly with the Village of Middlefield, and also be responsible for the cost thereof. A deposit with the Village of Middlefield will he required prior to scheduling for the inspection services. The amount of deposit will be calculated based on a daily rate (to be identified prior to construction) per normal eight hour day for each day that the Contractor anticipates working to complete the project. Overtime charges will apply to hours beyond a normal eight hour, five day a week schedule, excluding Holidays. Actual charges for inspection services will be deducted from the deposited amount. It will be the Contractor’s responsibility to maintain a positive balance in the amount of all times during the contract and any balances will be refunded upon completion of the project. Failure to have the Village of Middlefield inspect the work may result in the Village requiring the applicant to remove any un-inspected work.
(Ord. 10-130. Passed 10-7-10.)
(Ord. 10-130. Passed 10-7-10.)
1121.06 REVISION OF PLAT AFTER APPROVAL.
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and endorsed in writing on the plat, unless such plat is first resubmitted to the Planning Commission.
(Ord. 10-130. Passed 10-7-10.)
1121.07 FEES.
(a) At the time of submitting a preliminary plan or final plat, the subdivider shall pay an application fee. The amount of such fee shall be determined from the following schedule:
Preliminary Plan | 1 to 25 sublots | $1,000.00 plus $25.00 per sublot |
Preliminary Plan | 26 + sublots | $1,500.00 plus $35.00 per sublot |
Final Plat | 1 to 25 sublots | $1,000.00 plus $25.00 per sublot |
Final Plat | 26 + sublots | $1,500.00 plus $35.00 per sublot |
(b) The application fee shall be paid in legal tender or by certified check or money order made payable to the Village of Middlefield and deposited with the Fiscal Officer for transfer to the General Fund.
(c) In addition to the application fee the applicant shall be responsible for all costs for the services of the Village’s professional advisors (such as the Village Engineer or the Village Solicitor), to review applications and plans. An initial deposit shall be made with the Village of Middlefield in the amount of $4,000.00. It will be the applicant’s responsibility to maintain a positive balance in the account at all times during the review and approval process; any balances will be refunded upon completion of the project.
(Ord. 10-130. Passed 10-7-10.)
1121.99 PENALTY.
(a) Whoever violates the Subdivision Regulations adopted by Council or fails to comply with an order, pursuant thereto, shall be fined not more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of the County.
(b) Whoever, being the owner or agent or the owner of any land within or without a Municipal corporation, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall be fined not more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
(c) Any person who disposes of, offers for sale or leases for a time exceeding five years any lot or any part of a lot in a subdivision before provisions of the Regulations are complied with, shall be fined not more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action, in the name of the Fiscal Officer for the use of the Municipality.
(Ord. 10-130. Passed 10-7-10.)